JASKARAN SINGH Vs. STATE OF PUNJAB AND ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 785 of 2017, Judgment Date: Apr 25, 2017

                                                            NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURSIDCITON
                      CRIMINAL APPEAL NO.  785  OF 2017
       [Arising out of Special Leave Petition (Crl.) No.9288 of 2016]




JASKARAN SINGH                                                    …APPELLANT

                                   VERSUS

STATE OF PUNJAB AND ANR.                                        …RESPONDENTS


                                  O R D E R

S.ABDUL NAZEER, J.


1     Leave granted.


2     This appeal is directed against the order dated 29th  September,  2016
in Crl. Misc. No.M-34630 of 2016  whereby  the  High  Court  of  Punjab  and
Haryana has  dismissed  the  anticipatory  bail  application  filed  by  the
appellant in a case registered vide FIR No. 109 of  2016  dated  26th  July,
2016 under Sections 498A/494/406/420/120B of the Indian Penal Code, 1860  in
Police Station Dayalpura, District Bathinda, Punjab. The  second  respondent
in her complaint has alleged that her husband,  the  appellant  herein,  had
married Karamveer Kaur during the subsistence of  her  marriage.  There  are
allegations of cruelty, harassment, fraud and the  threats  being  given  by
the appellant.


3     The  contention  of  the  appellant  is  that  he  has  never  married
Karamveer Kaur and that the allegation is false and frivolous.


4     In order to substantiate marriage  of  the  appellant  with  Karamveer
Kaur, respondent No.2 has produced an application filed  by  Karamveer  Kaur
bearing No. CRM-M-28765 of 2016 filed under Section 9 of the Hindu  Marriage
Act.  Taking into consideration this case filed by  Karamveer  Kaur  against
the appellant, the High Court rejected  the  application  of  the  appellant
seeking anticipatory bail.


5     We have heard learned counsel for the appellant.


6     It is evident that the petition filed by Karamveer Kaur under  Section
9 of the Hindu Marriage Act against the  appellant  has  been  withdrawn  on
24th February, 2016. The High Court has not  taken  into  consideration  the
withdrawal of this petition. It is also evident that the  second  respondent
is residing in the matrimonial home with the mother of the appellant.  There
are no criminal antecedents against the appellant except the  present  case.
We are of the view that the High Court is not  justified  in  rejecting  the
application of the appellant for grant of anticipatory bail.


7     Therefore, the order of the High Court  impugned  in  this  appeal  is
hereby set aside and the appeal is allowed. The  application  filed  by  the
appellant for grant of anticipatory bail is allowed.


8     In the event of arrest of the appellant  in  the  aforesaid  case,  he
shall be released on bail by making deposit of  Rs.  25,000/-  in  cash  and
also subject to condition  that  the  appellant  shall  cooperate  with  the
investigation at all further stages.




                                                             …………………………………J.
                                                           (J. CHELAMESWAR)




                                                             …………………………………J.
                                                          (S. ABDUL NAZEER)
New Delhi;
April 25, 2017.